Deepak Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29750 of 2020 Arising Out of PS. Case No.-450 Year-2019 Thana- DARIYAPUR District- Saran ====================================================== 1.
DEEPAK KUMAR Son of Gorakh Singh Resident of Village- Dariyapur, Police Station- Dariyapur, District- Saran (Chapra) 2.
Gorakh Singh Son of Late Banaras Prasad Singh Resident of VillageDariyapur, Police Station- Dariyapur, District- Saran (Chapra) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar Sinha For the Opposite Party/s :
Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 11-12-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.
The matter has been listed under the heading 'For Orders' under the orders of Hon'ble the Chief Justice. Learned counsel for the petitioners is directed to remove the defects, as pointed out by the office, within a period of four weeks from the date of restoration of normalcy. Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered under Sections 323, 341, 307, 504, 379/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.29750 of 2020(2) dt.11-12-2020 2/3 Allegation is that the petitioner No.1 cut both hands of the father of the informant and petitioner No.1 attacked with sickle on the head of Arun Kumar, due to which he sustained injury on his head.
It has been submitted on behalf of the petitioners that the petitioner No.1 has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. Both the parties are agnates. It is a case and counter case between the parties. Free fight is alleged to have taken place. The injuries on the side of the accused persons have not been explained by the prosecution. The prosecution has not come with clean hands.
On behalf of the State, it is submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra in connection with Dariyapur P.S.
Patna High Court CR. MISC. No.29750 of 2020(2) dt.11-12-2020 3/3 case No.450 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (Sudhir Singh, J) Narendra/- U T